1947 Present: Dias J.
 
OLIVER, Appellant, and BORELLA POLICE, Respondent.
 
S. C. 1,172-M. C. Colombo, 30,899

    Penal Code, s 156-Fighting in public place-self defence-Is it affray?
 
Where a person who is attacked on the public road has to flight in order to. defend himself he cannot be said to be guilty of affray, even if the public peace is disturbed.
 
APPEAL from a judgment of the Magistrate, Colombo.

E. B. Wickremanayake, for the 1st accused appellant.
 
V. Thametheram, C.C., for the Attorney-General.

Cur. adv. vult.

December 2, 1947. DIAS J.-
 
The appellant, S. M. Oliver, is the owner of a servant's agency. He also owns a " coffin business ". It is alleged that one Waragoda has a rival " coffin business " not far distant from the appellant's establishment. The 2nd accused, Podiappu, is the Manager of Waragoda.
 
The appellant and Podiappuhamy were charged and convicted of committing an affray in breach of section 157 of the Penal Code. They were each fined Rs. 25 and ordered under section 80 (1) of the Criminal Procedure Code to enter into bonds to keep the peace.
 
It is alleged that on July 24, 1947, the appellant and Podi